Thompson v. Sornberger

Citations

• 78 Ill. 353

Syllabus

<p>1. Amendments of pleadings. Under the statute, it is hardly ever too late to amend pleadings, whether before or after verdict, upon such terms as justice may seem to demand.</p> <p>3. A judgment in an action of forcible entry and detainer was reversed in the Supreme Court on the ground that it was not shown that the defendant was in possession of all the land described in the complaint. When the cause went back on remandment, the circuit court permitted the plaintiff to amend the complaint so as to include only a part of the land therein described, upon the payment of two-thirds of the costs: Held, that such leave was properly given.</p> <p>3. Forcible entry and detainer—may be brought by heir at law in possession before assignment of dower. Where the widow, and her son, the only heir of one who died seized of land, continued in possession thereof for twenty-eight years after the death of the owner, dower never having been assigned, and no claim made thereof by the widow, and the son exercised entire control over the land, and worked it as his own, it will be presumed that the mother lived there as a member of her son’s family, and not under a claim of dower, and the possession of the son is such as to enable him to maintain forcible entry and detainer against an intruder.</p>